从张家山汉简看西汉时期私奴婢的社会地位

The Social Status of Private Slave and Servants during the Western Han Dynasty: A Perspective from Han Bamboo Slips of Zhangjiashan Area

西汉时期官私奴婢的数量在历代王朝中是最多的 ,但就中国历史而言 ,奴婢数量的多少主要取决于奴隶制生产方式与国家各种政治、经济、法律制度和政策相适应的情况 ,同时也受历史传统和社会时尚的影响 ,并不直接反映一个时期社会生产力的发展水平和文明进化的程度 ,也不直接反映奴婢社会地位的实际状况。从张家山汉律有关奴婢法的内容来看 ,奴婢是以人的身份登记在民户的户籍 ;生命得到基本保证 ,刑事责任相当于父权家庭中的子女 ;奴婢免良的渠道不限于国家诏免 ,在一定条件下还可以代户继承主人的财产。由此可见 ,西汉时期由法律规定的奴婢的生存状况比之殷周有了很大改善 ,和希腊。

The number of private household slave servants during the Western Han dynasty was greater than any other period in Chinese history. The number of servants, however, was largely dependent on the relationship between the political, economic, legal system and government policy and the capability of each to adapt to production level. Moreover, such number was also influenced by the social heritage and the exact situation, which does not necessarily reflect the extent of the social productivity, the evolution of the Chinese civilization as well as the actual social status of such servants. Evidence from Han bamboo slips of the Zhangjiashan area indicates that servants were registered as individual people. Their life was secure, having the basic rights as in the daughters in paternal family and the change in their social status into good citizens was in exemption of government policy. Under circumstances, they had the right to become the master of the family in case the head of the household passed away. Therefore, the legal status of household servants was greatly improved when compared to same people during Yin and Zhou dynasties and they were not the same thing when compared to slaves in ancient Greece and Rome.